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Committee recommendationS
That Council
authorize the City to enter into a front-ending agreement to reimburse Minto
Developments Inc. for costs related to the design and construction to oversize
the Morgan’s Grant/Terry Fox Drive stormwater management facility and trunk
sewers and road works, subject to:
1.
The agreement being to the satisfaction of the General Manager, Planning
and Growth Management Department and the City Clerk and Solicitor, and
2.
The expenditure to reimburse Minto Development Inc. (“Minto”) is not to
exceed $891,559.
RECOMMANDATIONS DU
COMITÉ
Que le Conseil autorise la Ville à conclure une entente de financement
préalable visant à rembourser la société Minto Developments Inc. des coûts
relatifs à la conception et à la construction relatives au surdimensionnement
de l’installation de gestion des eaux pluviales et des égouts séparatifs
collecteurs, ainsi que les coûts des travaux routiers, à condition que :
1.
l’entente soit à la satisfaction du
directeur général, Urbanisme et Gestion de la croissance et du greffier
municipal et chef du contentieux, et
2.
les dépenses effectuées pour
rembourser la société Minto Development Inc. (« Minto ») ne dépassent
pas 891 559 $.
Documentation
1.
Deputy
City Manager's report, Infrastructure Services and Community Sustainability,
dated 23 July 2010 (ACS2010-ICS-PGM-0151).
Report to/Rapport au :
Planning and
Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
23 July 2010 / le 23 juillet 2010
Submitted by/Soumis par : Nancy
Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure
Services and Community Sustainability/Services d’infrastructure et Viabilité
des collectivités
Contact Person/Personne-ressource : Michael Wildman, Manager/Gestionnaire,
Development Review-Suburban Services/Examen des projets d'aménagement-Services
suburbains, Planning and Growth Management/Urbanisme et Gestion de la
croissance
(613) 580-2424,
27811 Mike.Wildman@ottawa.ca
REPORT RECOMMENDATION
That Planning and Environment
Committee recommend that Council authorize the City to enter into a
front-ending agreement to reimburse Minto Developments Inc. for costs related
to the design and construction to oversize the Morgan’s Grant/Terry Fox Drive
stormwater management facility and trunk sewers and road works, subject to:
3.
The agreement being to the satisfaction of the General Manager, Planning
and Growth Management Department and the City Clerk and Solicitor, and
4.
The expenditure to reimburse Minto Development Inc. (“Minto”) is not to
exceed $891,559.
RECOMMANDATION DU RAPPORT
Que le Comité de
l’urbanisme et de l’environnement recommande au Conseil d’autoriser la Ville à
conclure une entente de financement préalable visant à rembourser la société
Minto Developments Inc. des coûts relatifs à la conception et à la construction
relatives au surdimensionnement de l’installation de gestion des eaux pluviales
et des égouts séparatifs collecteurs, ainsi que les coûts des travaux routiers,
à condition que :
3.
l’entente soit à la satisfaction du
directeur général, Urbanisme et Gestion de la croissance et du greffier
municipal et chef du contentieux, et
4.
les dépenses effectuées pour
rembourser la société Minto Development Inc. (« Minto ») ne dépassent
pas 891 559 $.
BACKGROUND
The subject stormwater management facility and combined works are located immediately north of Terry Fox Drive and west of the Terry Fox Drive and Innovation Drive/Goulbourn Forced Road intersection (see Document 1). The stormwater management facility is designed and constructed to accommodate flows from both the widening/expansion of Terry Fox Drive and the Phase 10 subdivision of the Morgan’s Grant community.
In 2000, the Region of Ottawa-Carleton and the City of Kanata completed an Environmental Study Report (ESR) in accordance with the Municipal Class Environmental Assessment (EA) process for the extension/widening of Terry Fox Drive from March Road to Eagleson Road. The ESR identified a requirement for several stormwater management facilities along the Terry Fox Drive extension. As part of the preferred alignment, the need for a stormwater management facility was identified adjacent to the Ontario Hydro Easement northwest of the Terry Fox Drive and Goulbourn Forced Road intersection. The ESR identified the subject facility as Stormwater Management Facility Number Five (SWMF No. 5). The ESR also recommended the final location of SWMF No. 5 be determined through the detailed design process and be combined with facilities proposed for future development.
In 2002, the Ontario Municipal Board approved the Phase 10 subdivision of the Morgan’s Grant community. The conditions of the draft approval required the owner to construct various services, at its cost, including stormwater management facilities, including over-sizing, to the satisfaction of the City. This over-sizing related only to the future residential development and additional flows specific to the residential development.
Reflecting both the original and the updated ESR recommendation (completed in 2004), and to reduce the overall costs of constructing a separate stormwater management pond, City staff worked with Minto Developments Inc. (Minto) to design and potentially oversize the Morgan’s Grant pond to accommodate stormwater from the extension/widening of the future Terry Fox Drive. This enabled the City to move forward on the road project without delay.
In good faith, Minto proceeded to
front-end the design and construction of the facility, which included over-sizing
the stormwater management facility and constructing the required road works, as
determined through the initial design coordination of the Terry Fox Drive
extension/widening and through discussions with the Technical Advisory Committee
for the EA. At the time, Dillon Consulting undertook the detailed design
coordination with Minto for the coordinated works on behalf of the City.
On September 13, 2006 the City
revised the draft plan of subdivision to include additional conditions which
were supported by the applicant. One of the conditions of the draft approval
clarified that Block 22 was to be dedicated to the City for the purposes of
stormwater management. This confirmed that the stormwater management pond would
be dedicated as a City facility. This is the shared pond that accepts
stormwater from the both Morgan’s Grant Community and the extension/widening of
Terry Fox Drive. However, a front-ending or cost sharing agreement is needed to
reimburse Minto for carrying the costs for works completed in 2006.
Therefore, the purpose of this report is to seek approval to enter into a front-ending agreement to cost share / reimburse Minto for the portions of the works they have completed which benefit the City.
DISCUSSION
On January 27, 2010, Minto Developments Inc. provided the City with a detailed cost sharing analysis for the Terry Fox Drive SWMP No. 5 and the associated sewer and road works, providing an estimate of the cost to be shared by the City. This analysis was reviewed by staff and a consultant on behalf of the City to evaluate the proposed works and the portion to be paid by the City. Staff recommend that $891,559 inclusive of GST is appropriate to cover the City’s proportionate share of the aforementioned project. The final amount will be subject to the final certified costs.
As mentioned above, the combined works were completed in 2006 by Minto. However, the City has yet to fully assume possession of the pond pending the completion of warrantee works to the City’s satisfaction. As such, once the deficiencies have been addressed the City will assume full possession of the pond and begin procedures to reimburse Minto for the works. The value represented above reflects the City’s proportionate share of the costs for this project.
This stormwater management facility is outside of the City’s Development Charge By-law specific to Stormwater Management Facilities. However, the pond is a necessary component of storm drainage for the road project, as such, the works will be covered under account number 904270, which was allocated as part of the 2008 budget for the detailed design of the Terry Fox Extension from Flamborough Way to Kanata Avenue. Adequate funds are available in this account for this project.
This project is not eligible for funding from the Economic Stimulus Funding for infrastructure, as construction was completed in 2006. All Stimulus funded projects were required to be initiated after June 2009 and completed prior to March 31, 2011 to be eligible for funding.
RURAL IMPLICATIONS
There are no rural implications associated with this report.
CONSULTATION
Minto is a benefiting developer from stormwater management facility and has front-ended the construction of the facility along with certain road and sewer works. Minto has been consulted and has concurred with the recommendations of this report and agreed to enter into an agreement to be reimbursed, as outlined in this report. The public meeting will occur at the Planning and Environment Committee meeting on August 24, 2010. A notice of the proposed Front-Ending Agreement was advertised in Le Droit and Citizen newspapers on August 14, 2010.
COMMENTS BY THE WARD
COUNCILLIOR(S)
The Councillor is aware of the report and agrees with the recommendation.
LEGAL/RISK MANAGEMENT IMPLICATIONS:
There
are no legal/risk management impediments to implementing any of the
recommendations of this report.
FINANCIAL IMPLICATIONS
The total estimated cost for the design and construction of the combined works is $891,559.
The annual operating impact to the City, once ownership of the pond is assumed, is estimated to be from $30,000 to $50,000 per year, which is expected to begin in the fall of 2010, depending upon Minto addressing outstanding deficiencies.
It is recommended that the existing Capital Account 904270 be used to reimburse the Front‑Ender.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
DISPOSITION
The report will be forwarded to City Council for a decision on September 8, 2010. In regard to the Front-Ending Agreement, the final form of the agreement will be prepared by the City Clerk and Solicitor Department in consultation with the Planning and Growth Management Department.
LOCATION
MAP DOCUMENT
1
